DIAZ v. WIGGINS


271 A.D.2d 639 (2000)

707 N.Y.S.2d 870

LUCIA DIAZ, Respondent, v. LARRY WIGGINS et al., Appellants, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided April 24, 2000.


Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellants, and the action against the remaining defendants is severed.

The appellants established prima facie that the plaintiff did not suffer a serious injury within the meaning of Insurance Law § 5102 (d) (see, Gaddy v Eyler, 79 N.Y.2d 955, 956-957). The affidavit of the plaintiff...

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